West Ben. Act XXXII, of 1951. GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXI of 1976 THE WEST BENGAL PREVENTION OF DEFACEMENT OF PROPERTY ACT, 1976. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 1st April, 1976.] [1st April, 1976.] An Act to provide for the prevention of defacement of property. WHEREAS it is expedient in the public interest to provide for the prevention of defacement of property and for matters connected therewith or incidental thereto; It is hereby enacted in the Twenty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Prevention of short title, Defacement of Property Act, 1976. extent and application.
(2) It extends to the whole of West Bengal.
(3) It shall apply in the first instance to Calcutta as defined in the Calcutta Municipal Act, 1951, but the State Government may, from time to time by notification in the Official Gazette, apply it to such other local area or areas as may be specified in the notification.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "defacement" includes impairing or interfering with the appearance or beauty, damaging, disfiguring, spoiling or injuring in any other way whatsover and the word "deface" shall be construed accordingly;
(b) "property" includes any building, hut, structure, wall, tree, fence, post, pole or any other erection;
(c) "writing" includes decoration, lettering, ornamentation, etc., produced by stencil. 121 The West Bengal Prevention of Defacement of Property Act, 1976. [West Ben. Act XXI of 1976.] (Sections 3-7.)
3. (1) Whoever defaces any property in public view by writing or marking with ink, chalk, paint or any other material, except for the purpose of indicating the name and address of the owner or occupier of such property, shall be punishable with imprisonment for a term which may extent to six months or with fine which may extent to one thousand rupees or with both.
(2) Where any offence committed under sub-section (1) is for the benefit of some other person or a company or other body corporate or an association of persons (whether incorporated or not), then, such other person and every president, chairman, director, partner, manager, secretary, agent or any other officer or person concerned with the management thereof, as the case may be, shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence. Offence to be 4. An offence punishable under this Act shall be cognizable. cognizable. Power of 5. Without prejudice to the provisions of section 3, it shall be State Government competent for the State Government to take such steps as may be to erase necessary for erasing any writing, freeing any defacement or removing writing, etc. any mark from any property. Act to 6. The provisions of this Act shall have effect notwithstanding override anything to the contrary contained in any other law for the time being other laws. in force. Repeal and 7. (1) The West Bengal Prevention of Defacement of Property Or West IX en. savings. d. I o Ordinance, 1976, is hereby repealed. 1976.
(2) Anything done or any action taken under the West Bengal Prevention of Defacement of Property Ordinance, 1976, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 16th day of February, 1976. Penalty for defacement of property. 122 Page 1 Page 2